HomeMy WebLinkAbout12-03-13 r
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IN RE:
: IN THE COURT OF COMMON
: CUMBERLAND COUN�Y, pEN�L���A
ESTATE OF : ORPHANS ' COURT I�
ELLEN E. PARKS ��S IO rn���,
: N0. 21-13-938 �, � �:; ? c�
rns � � � �
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OPINION � � � w � �
:� . �
IN RE: ELLEN E. PARKS, AN ALLEGED INCAPACIT�fI'� � � � �
� �^�.'ER�N� �
f--► �,.,' �
At issue in the present case is wheth��lle .
should , �' � ��ks
be ad�udicated an incapacitated person on a permanent basis
and, if yes, whether Good News Consulting, Inc. shoul
. d be
appointed plenary guardian of her person and estate. A h
earing was
held in this matter on 25 November 2013. Ellen E. Parks was no
t
present for the hearing as pursuant to medical testimony her
appearance could or would be harmful to her health. The
court-appointed counsel for Ms. Parks, Mark F. Bayley, Esquire, was
present and participated in the hearing.
Based on the evidence presented at the hearing, the
following findings of fact are made:
l . The alleged incapacitated person is Ellen E.
Parks, an adult individual and domiciliary of Cumberland Count
Y
Pennsylvania who presently resides at Manor Care Carlisle, 940
Walnut Bottom Road, Carlisle, Pennsylvania. Petitioner is H.C. R.
Manor Care.
2 . The alleged incapacitated person suffers from
dementia with severe short-term impairment and moderate lon -term
g
impairment among other medical issues .
3. As a consequence of her condition, Ellen E. Parks '
ability to receive and evaluation information effectively and
communicate decisions is impaired to such a significant extent that
she is totally unable to manage her financial resources a
nd totally
unable to meet essential requirements for her physical health a -
nd
safety.
� _
f�,
.
4 • Ms• Parks ' estate is unknown but based on her
history of apartment living believed to be minimal and
. her annual
income is also unknown.
5• The prognosis for Ms. Parks is unfavorable at the
present time.
6• Ms• Parks is in need of a plenary guardian of her
person and estate.
7 . The duration of the necessary guardianship must be
considered at best indefinite and for practical pur oses
P permanent.
8 . The proposed guardian, Good News Consulting, Inc.
whose address is 140 Roosevelt Avenue, Suite 210 in York '
.
Pennsylvania, is appropriate to serve as guardian of Elle
n E.
Parks ' person and estate and is qualified under the stat
ute to do
so. The proposed guardian maintains insurance for such work
, and
no bond is required.
9. Darryl Guistwite, D.O. , testified as to her
medical condition based on his treatment of Ellen E. P
arks for
approximately a period of one year through today.
10. The foregoing Findings of Fact were made on the
basis of clear and convix�cing evidence.
Based on the above, the Final Decree will be signed
when submitted by counsel for signature.
- _-`.,._
�
Thomas A, acey, C. P. J.
Benjamin Glatfelter, Esquire
For Petitioner
Mary F. Bayley, Esquire, CA
For Ellen E. Parks -
:mlc
: ORPHANS'COURT DIVISION
: COURT OF COMMON PLEAS OF
In Re: ESTATE OF ELLEN E PARKS : CUMBERLAND COLJNTY
. PENNSYLVANIA
. N0.21-13-0938
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 12/3/13
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 12/3/13
IN RE: OPINION
............................................................................................................................
SERVICE TO: BENJAMIN J GLATFELTER 1607 N 2�ST HARRISBURG PA 17102
MARK F BAYLEY 17 W SOUTH ST CARLISLE PA 17013
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS ❑PETITIONER
�RRR �NDGE
❑HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑OTHER
MAILED: 12/4/13
............................................................................................................................
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑PETITIONER
�� ❑JUDGE
❑HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑OTHER
MAILED:
�
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er f Orphans' Court